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NY J82910

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April 4, 2003

CLA-2-96:RR:NC:SP:233 J82910

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.90.8050; 6307.10.2030

Mr. Lawrence Weinstock
Brands International Associates (B.I.A.) Inc. 5775 Andover Avenue
Montreal, Quebec, Canada H4T 1H6

RE: The tariff classification of MagicBlue Micro-Fiber Mop and MagicBlue Micro-Fiber Mop Refill from China.

Dear Mr. Weinstock:

In your letter dated March 17, 2003, you requested a tariff classification ruling.

The submitted samples are as follows:

MagicBlue Micro-Fiber Mop – The Micro-Fiber Mop contains a swivel head which moves 360 degrees. The mop is attached to a telescopic handle and also contains a machine washable micro-fiber cloth pad made of 70% polyester and 30% polyamide. The mop can be used for both wet and dry use. It is reusable, durable and attracts dust like a magnet. The numerous microfibers attach to particles of dirt when the cloth is passed over a dirty surface. The dirt is then lifted up with the cloth and absorbed into it.

MagicBlue Micro-Fiber Mop Refill – The refill is the replacement Mop Cloth.

You believe classification is under 5603.14.9010. In your reliance on the Headquarters ruling you cite, HQ964578, if you read carefully, the subject pertains to a textile fabric of NONWOVEN construction. Further, the cloths in that ruling were simple cut rectangular without hems. You must look at and understand the textile construction of your product. You have a woven pile on one (outer) surface and a brushed knit fabric on the under surface, with a plastic foam material sandwiched between the two textile layers. Since you do not have a product of nonwoven material, any consideration of heading 5603 is negated. Further, because of the cutting and sewing together of the three components you have a made up textile article within the meaning of Section XI, note 7. Again, 5603 would never be a consideration.

The applicable subheading for the MagicBlue Micro-Fiber Mop will be 9603.90.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Brooms, brushesmops and feather dusters” The rate of duty will be 2.8% ad valorem.

The applicable subheading for the MagicBlue Micro-Fiber Mop Refill will be 6307.10.2030, HTS, which provides for “Other made up articles, including dress patterns: Floorcloths, dishcloths, dusters and similar cleaning cloths: Other, Other.” The rate of duty will be 5.8% ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 5603.14.90 - Nonwovens (except laminated), of man-made filaments, weighing >150 g/square m, whether or not impregnated, coated, or covered
• Tariff No.: 6307.10.20 - Floor cloths, dishcloths and similar cleaning cloths of textile materials (except dustcloths, mops cloths and polishing cloths of cotton)
• Tariff No.: 9603.90.80 - Brooms & brushes nesoi, mops, hand-operated mechanical floor sweepers, squeegees and similar articles, nesoi